SENATE, No. 152

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator LaROSSA

 

 

An Act concerning the inspection and registration of motor vehicles, and amending various sections of statutory law, supplementing Title 39 of the Revised Statutes, and repealing sections 1 through 18 of P.L.1995, c.112 (C.39:8-41 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. (New section) Notwithstanding the provisions of P.L.1995, c.112 (C.39:8-41 et seq.), or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no State agency, department or division thereof shall develop, implement or enforce any aspect of an inspection or registration program for motor vehicles other than the inspection and registration program for motor vehicles that was in effect and in operation on June 1, 1995.

 

    2. Section 1 of P.L.1966, c.16 (C.26:2C-8.1) is amended to read as follows:

    1. [a.]The department, after consultation with the Director of the Division of Motor Vehicles, shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.

    [b. The department, after consultation with the Director of the Division of Motor Vehicles, shall adopt rules and regulations, consistent with the federal Clean Air Act, establishing exhaust emission standards and test methods and standards for emission control apparatus and related items. The department shall not require the "I/M 240" test, but shall adopt an alternative test that is acceptable to the United States Environmental Protection Agency. The department may provide that the standards and test methods vary according to the model year, type, or other vehicle characteristic that the department deems necessary to facilitate inspections or to comply with the federal Clean Air Act. The emission standards and test methods adopted pursuant to this subsection shall not set any quota for emission test failures and shall not require the failure of motor vehicles at any predetermined rate. This subsection shall not preclude the use of the "I/M 240" test in sampling for performance evaluation only or the use of the test at the option of a private inspection facility.]

(cf: P.L.1995, c.157, s.32)

 

    3. Section 2 of P.L.1966, c.16 (C.26:2C-8.2) is amended to read as follows:

    2. Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the department shall determine to be necessary to carry out the purpose of P.L.1966, c.16 (C.26:2C-8.1 et seq.) and shall apply to such motor vehicles not earlier than 180 days following the date of adoption.

(cf: P.L.1995, c.112, s.38)

 

    4. Section 9 of P.L.1954, c.212 (C.26:2C-9) is amended to read as follows:

    9. [a. The department shall conduct ambient air quality tests, on at least a monthly basis and wherever possible in conjunction with the county college or other county facility, which are representative of every county of the State. The department shall report the results of these tests to the county health officers, the Legislature, and the news media.

    b.]a. The department shall control air pollution in accordance with the provisions of any applicable code, rule, or regulation promulgated by the department and for this purpose shall have power to:

    (1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of air pollution;

    (2) Conduct and supervise Statewide programs of air pollution control education including the preparation and distribution of information relating to air pollution control;

    (3) Require the registration of persons engaged in operations that may result in air pollution and the filing of reports, including but not limited to emission statements, by them containing information relating to location, size of outlet, height of outlet, rate and period of emission and composition of effluent, and such other information as the department shall prescribe to be filed relative to air pollution, all in accordance with applicable codes, rules, or regulations established by the department;

    (4) Enter and inspect any building or place, except private residences, for the purpose of investigating an actual or suspected source of air pollution and ascertaining compliance or noncompliance with any codes, rules, or regulations of the department. Any information, other than actual or allowable air contaminant emissions, relating to secret processes or methods of manufacture or production obtained in the course of an inspection, investigation, or determination, shall be kept confidential and shall not be admissible in evidence in any court or in any other proceeding except before the department. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing air pollution;

    (5) Receive or initiate complaints of air pollution, hold hearings in connection with air pollution, and institute legal proceedings for the prevention of air pollution and for the recovery of penalties, in accordance with P.L.1954, c.212 (C.26:2C-1 et seq.);

    (6) With the approval of the Governor, cooperate with, and receive funds or other assistance from, the federal government, the State government, any interstate body, or any county or municipal government, or from private sources, for the study and control of air pollution;

    (7) Charge, in accordance with a fee schedule that shall be adopted by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), (a) reasonable annual emission fees for major facilities as provided in section 5 of P.L.1995, c.188 (C.26:2C-9.5), and (b) administrative fees for any of the services the department performs or provides in connection with administering P.L.1954, c.212 (C.26:2C-1 et seq.). The administrative fees charged by the department pursuant to this subsection shall not exceed $25,000 per application based on criteria contained in the fee schedule;

    (8) Issue, renew, reopen, and revise operating permits, and require any person who is required to obtain an operating permit under the provisions of the federal Clean Air Act to obtain an operating permit and to certify compliance therewith for all air pollution sources; and

    (9) Establish, implement, and operate a small business stationary source technical and environmental compliance assistance program as required pursuant to 42 U.S.C. §7661f of the federal Clean Air Act.

(cf: P.L.1995, c.188, s.3)

 

    5. R.S.39:8-1 is amended to read as follows:

    39:8-1. a. Every motor vehicle registered in this State which is used over any public road, street, or highway or any public or quasi-public property in this State, and every vehicle subject to enhanced inspection and maintenance programs pursuant to 40 C.F.R. § 51.356, except historic motor vehicles registered as such, collector motor vehicles designated as such pursuant to this subsection, and those vehicles over 8,500 pounds gross weight that are under the inspection jurisdiction of the Department of Transportation pursuant to Titles 27 and 48 of the Revised Statutes, shall be inspected by designated examiners or at official inspection facilities to be designated by the director or at licensed private inspection [facilities. The director shall adopt rules and regulations establishing a procedure for the designation of motor vehicles as collector motor vehicles, which designation shall include consideration by the director of one or more of the following factors: the age of the vehicle, the number of such vehicles originally manufactured, the number of such vehicles that are currently in use, the total number of miles the vehicle has been driven, the number of miles the vehicle has been driven during the previous year or other period of time determined by the director, and whether the vehicle has a collector classification for insurance purposes] centers. The director shall have the discretion to determine what motor vehicle equipment shall be subject to inspection under the provisions of this chapter.

    [b. The director shall determine the official inspection facility or private inspection facility at which a motor vehicle, depending upon its characteristics, shall be inspected. The director, with the concurrence of the Department of Environmental Protection, may exclude by regulation from this inspection requirement any category of motor vehicle if good cause for such exclusion exists, unless the exclusion is likely to prevent this State from meeting the applicable performance standard established by the United States Environmental Protection Agency. The director may determine that a vehicle is in compliance with the inspection requirements of this section if the vehicle has been inspected and passed under a similar inspection program of another state, district, or territory of the United States.]

(cf: P.L.1995, c.112, s.19)

 

    6. R.S.39:8-2 is amended to read as follows:

    39:8-2. [a.] The director may designate and appoint, subject to existing laws, competent examiners of motor vehicles to [conduct examinations, other than the periodic inspections required pursuant to subsection b. of this section, of] examine motor vehicles required to be inspected in accordance with the provisions of this chapter. The examiners may be delegated to enforce the provisions of the motor vehicle and traffic law.

    [b. (1)] The director [shall] may adopt, [pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),]rules and regulations [consistent with P.L.1966, c.16 (C.26:2C-8.1 et seq.) and with the requirements of the federal Clean Air Act] with respect to the [type and] character of the inspections to be made, [the facility at which the vehicle shall be inspected,]with respect to the frequency of inspections of motor vehicles and the approval or rejection of motor vehicles as a result of these inspections. [These rules and regulations shall require the use of inspection tests that are designed to meet the enhanced inspection and maintenance requirements of the federal Clean Air Act and that have been proven to be feasible and effective for the inspection of large numbers of motor vehicles, except that these tests shall not include the "I/M 240" test. Nothing in this subsection shall preclude the use of the "I/M 240" test in sampling for performance evaluations only or the use of the test at the option of a private inspection facility. The rules and regulations may distinguish between vehicles based on model year, type, or other vehicle characteristics in order to facilitate inspections or to comply with the federal Clean Air Act. A low mileage vehicle shall not be subject to a tailpipe inspection test utilizing a dynamometer but may be subject to an idle test and a purge and pressure test. For the purpose of this paragraph, "low mileage vehicle" means a motor vehicle that is driven less than 10,000 miles during the biennial inspection period, except that the director may set the qualifying number of miles for this exemption at a lower number in order to meet the federal enhanced inspection and maintenance performance standard.

    (2) The Department of Environmental Protection and the director shall investigate advanced testing technologies, including but not limited to remote sensing and onboard diagnostics, and shall, to the extent permitted by law, pursue the use of such technologies, other than the "I/M 240" test, in motor vehicle emission inspections required by the United States Environmental Protection Agency pursuant to the federal Clean Air Act. The director shall adopt, to the extent practicable, advanced technologies to facilitate the retrieval of testing and other information concerning motor vehicles, which technologies shall include but not be limited to the use of computer bar codes and personal cards containing encoded information, such as a person's operating license, motor vehicle registration, and motor vehicle insurance, the inspection status of a motor vehicle, and mass transit fares, that can be accessed quickly by a computer.

    c. Except as modified by the director to distribute evenly the volume of inspections, all motor] Motorcycles shall be inspected between April 1 and October 1. All other vehicles required by the director[, in accordance with the provisions of R.S.39:8-1,]to be inspected under this chapter shall be inspected [biennially, except that classes of vehicles that require more frequent inspections, such as school buses, shall be inspected at such shorter intervals as may be established by the director after consultation] at least annually.

    Rules and regulations relating to the frequency and character of vehicle emission inspections shall be promulgated in cooperation with the Department of Environmental Protection. [At any time, the director may require the owner, lessee, or operator of a motor vehicle to submit the vehicle for inspection.]

    d. The director shall determine the form, content and use of official certificates of approval and shall furnish the certificates of approval to designated examiners [or to other persons authorized to conduct inspections or to grant waivers official certificates of approval, rejection stickers or waiver certificates, the form, content and use of which he shall establish. The certificates of approval, rejection stickers and waiver certificates shall be of a type, such as a windshield sticker or license plate decal, that can be attached to the vehicle or license plate in a location that is readily visible to anyone viewing the vehicle. If a certificate of approval cannot be issued, the driver shall be provided with a written inspection report describing the reasons for rejection and, if appropriate, the repairs needed or likely to be needed to bring the vehicle into compliance with applicable standards.

    e.] The director may, with the approval of the State House Commission, purchase, lease or acquire by the exercise of the power of eminent domain any property for the purpose of assisting him in carrying out the provisions of this chapter. This property may also be used by the director for the exercise of the duties and powers conferred upon him by the other chapters of this Title.

    [f. For the purpose of implementing the motor vehicle inspection requirements of the federal Clean Air Act and subject to the approval of the Attorney General, the State Treasurer, prior to January 1, 1997, may:

    (1) Purchase, lease or acquire by eminent domain any property for vehicle inspection purposes. Any other provision of law to the contrary notwithstanding, no further approval shall be required for transactions authorized by this paragraph, except that a proposed purchase, lease or acquisition by eminent domain shall require the approval of the Joint Budget Oversight Committee, and shall be submitted to the Joint Budget Oversight Committee, which shall review the proposed purchase, lease or acquisition by eminent domain within 15 business days; and

    (2) Sell or lease, or grant an easement in, any property acquired, held or used for vehicle inspection purposes or any other suitable property held by the State that is not currently in use or dedicated to another purpose. For the purpose of this paragraph and notwithstanding any provision of R.S.52:20-1 et seq. to the contrary, the sale or lease of, or the granting of an easement in, real property owned by the State shall be subject to the approval of the State House Commission, which shall meet at the call of the Governor to act on a proposed sale or lease or grant of an easement pursuant to this paragraph. A member of the State House Commission may permit a representative to act on that member's behalf in considering and voting on a sale or lease or grant of an easement pursuant to this paragraph. Any other provision of law to the contrary notwithstanding, any moneys derived from a sale, lease or granting of an easement by the State pursuant to this paragraph shall not be expended unless approved by the Joint Budget Oversight Committee for the purpose of purchasing, leasing or acquiring property pursuant to paragraph (1) of this subsection, except that any moneys derived therefrom and not approved for that purpose shall be appropriated to the Department of Transportation to provide for mass transit improvements.

    g.] The director shall conduct random roadside examinations of motor vehicles required to be inspected[, using such inspection equipment and procedures, and standards established pursuant to section 1 of P.L.1966, c.16 (C.26:2C-8.1), including, but not limited to, remote sensing technology, as the director shall deem appropriate] in the State to provide [for the] continuous monitoring of motor vehicles [pursuant to this subsection]. [At] Each year at least [20,000 vehicles or 0.5 percent] 1% of the total number of motor vehicles [required to be inspected under this chapter, whichever is less,]registered in the State shall be inspected [during each inspection cycle] by roadside examination teams under the supervision of the director. [The director may require any vehicle failing a roadside examination to be inspected at an official inspection facility or a private inspection facility within a time period fixed by the director. Failure to appear and pass inspection within the time period fixed by the director shall result in registration suspension in addition to any other penalties provided in this Title. The director shall conduct an aggressive roadside inspection program to ensure that all motor vehicles that are required to be inspected in this State are in compliance with State law.

    h.] The director[, and, when appropriate, the Department of Environmental Protection,] shall conduct inspections and audits of licensed private inspection [facilities, official inspection facilities and designated examiners] centers to ensure accurate test equipment calibration and use, and compliance with [proper inspection procedures and with] the provisions of [P.L.1995, c.112 (C.39:8-41 et al.) and any regulations adopted pursuant thereto by the Division of Motor Vehicles or by the Department of Environmental Protection.]this act. These inspections and audits shall be conducted [at such times and in such manner as the director, upon consultation with the Department of Environmental Protection, shall determine in order to provide quality assurance in the performance of the inspection and maintenance program] monthly, except that at the discretion of the director, more frequent audits and inspections may be conducted.

     [i. (1)] The director shall make a charge of $2.50 for the initial inspection for each vehicle subject to inspection, which amount shall be paid to the director or his representative when payment of the registration fees fixed in chapter 3 of this Title is made. [Any law or rule or regulation adopted pursuant thereto to the contrary notwithstanding, a registration fee authorized pursuant to chapter 3 of Title 39 of the Revised Statutes shall not be increased for the purpose of paying any costs associated in any manner with the establishment, implementation or operation of the motor vehicle inspection and maintenance program established pursuant to P.L.1995, c.112 (C.39:8-41 et al.).

    (2) The director shall establish by regulation a fee to cover the costs of inspecting any vehicle that is required, or has the option, under federal law to be inspected in this State but is registered in another state or is owned or leased by the federal government. In determining these costs, the director shall include all capital and direct and indirect operating costs associated with the inspection of these vehicles including, but not limited to, the costs of the actual inspection, the creation and maintenance of the vehicle inspection record, administrative, oversight and quality assurance costs and the costs associated with reporting inspection information to the owner, the federal government and agencies of other states. All fees collected pursuant to this subsection shall be paid to the State Treasurer and deposited in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of this section.

    j. There is established in the General Fund a special dedicated, non-lapsing fund to be known as the "Motor Vehicle Inspection Fund," which shall be administered by the State Treasurer. The State Treasurer shall deposit into the "Motor Vehicle Inspection Fund" $11.50 from each motor vehicle registration fee received by the State after June 30, 1995. The Legislature shall annually appropriate from the fund an amount necessary to pay the reasonable and necessary expenses of the implementation and operation of the motor vehicle inspection program. The State Treasurer shall:

    (1) Pay to a private contractor or contractors contracted to design, construct, renovate, equip, establish, maintain and operate official inspection facilities under a contract or contracts entered into with the State Treasurer pursuant to subsection a. of section 4 of P.L.1995, c.112 (C.39:8-41 et al.) from the fund the amount necessary to meet the costs agreed to under the contract or contracts; and

    (2) Transfer from the fund to the Division of Motor Vehicles and the Department of Environmental Protection the amounts necessary to finance the costs of administering and implementing all aspects of the inspection and maintenance program, and to the Office of Telecommunications and Information Systems in the Department of the Treasury the amount necessary for computer support upgrades;

    Moneys remaining in the fund and any unexpended balance of appropriations from the fund at the end of each fiscal year shall be reappropriated for the purposes of the fund. Any interest earned on moneys in the fund shall be credited to the fund.]

(cf: P.L.1995, c.112, s.20)

     7. R.S.39:8-3 is amended to read as follows:

    39:8-3. [a.] No certificate of approval shall be issued by an examiner, [official] or inspection [facility or private inspection facility] station until [the motor vehicle inspected successfully passes all emission tests required by the director and] the mechanism, brakes and equipment of the motor vehicle inspected have been found to be in a proper and safe condition and complying with the laws of this State.

    [b. Notwithstanding the issuance or non-issuance of a certificate of approval, the obligation to ensure that a vehicle is in a proper and safe condition rests with the owner, operator or lessee, as appropriate, of the vehicle.]

(cf: P.L.1995, c.112, s.21)

 

    8. R.S.39:8-4 is amended to read as follows:

    39:8-4. [a.] If inspections as required by R.S.39:8-1 disclose the necessity for adjustments, corrections or repairs, the director [shall cause a rejection sticker to be issued.

    b. The director] may require the owner of [a] any such motor vehicle [requiring an adjustment, correction or repair that is not emission-related to have that adjustment, correction or repair] to have such adjustments, corrections or repairs made and thereafter [have the vehicle] reinspected at [an official] a motor vehicle inspection [facility] station or at a licensed private inspection [facility] center within the period designated by the director.

    The director may cause a certificate of approval to be issued for a motor vehicle needing an adjustment, correction or repair [that is not emission-related] in order to conform to the requirements of chapter 3 and chapter 8 of this Title, but which, in the director's determination, is nevertheless safe. In such cases the director shall issue notice to the vehicle owner to have the adjustment, correction or repair made within a specified period of time, subject to the penalties of R.S.39:8-9.

    [c. The director shall require the owner of a motor vehicle requiring an adjustment, correction or repair that is emission-related to have that adjustment, correction or repair made and thereafter have the vehicle reinspected at an official inspection facility or at a private inspection facility, as determined by the director, within the period designated by the director.]

(cf: P.L.1995, c.112, s.22)

 

    9. R.S.39:8-5 is amended to read as follows:

    39:8-5. [a.] Every designated examiner, [official] or inspection [facility or private inspection facility] station shall make such reports to the director concerning inspections made and the results thereof, [and in such form and at such time,]as the director may require. The director [may] shall furnish to the examiners and inspection [facilities] stations forms for such reports. [The director may require the use of electronic media for the gathering and transmission of inspection data and reports when the director deems it appropriate or when electronic media are required by federal law.

    b. Every motor vehicle repair facility that is registered pursuant to section 13 of P.L.1995, c.112 (C.39:8-53) shall make such reports to the director concerning emission repairs made and the results thereof, as the director may require. The director may furnish to registered motor vehicle repair facilities forms to be completed by them in documenting emission repairs to motor vehicles, which forms shall be presented by the operator of the vehicle to an emission inspector at the time of vehicle reinspection.]

(cf: P.L.1995, c.112, s.23)

 

    10. R.S.39:8-7 is amended to read as follows:

    39:8-7. [Except as otherwise provided pursuant to R.S.39:3-5, the] The director may [suspend,]revoke or deny the registration of a motor vehicle registered [or required to be registered] in this State[, or the reciprocity privilege of a motor vehicle registered in another state, if the motor vehicle is subject to the inspection requirement of this State] and operated [or parked] on [any public road, street or highway or any public or quasi-public property in this State, and] the highways of the State which:

    a. Does not have displayed upon it a current certificate of approval[, current rejection sticker or current waiver certificate] issued in accordance with this chapter; or

    b. [Has not successfully passed inspection or been granted a waiver within the time period prescribed by the director; or

    c.] Is shown by the inspection to be incapable of being placed in a proper condition to make its use safe on the highway [or incapable of being brought within the emission standards or requirements established by law or regulation,]and for which a certificate of approval [or waiver certificate] cannot be issued.

(cf: P.L.1995, c.112, s.24)

 

    11. R.S.39:8-9 is amended to read as follows:

    39:8-9. [a.] The enforcement of this chapter shall be vested in the director and the police or peace officers of any municipality, any county or the State.

    b. [An owner or lessee] Any person who[:

    (1) Fails or] refuses to have a motor vehicle examined [within the time period prescribed by the director;], or

    [(2) After] who fraudulently obtains a certificate of approval, after having had it examined, [fails] or refuses to place [or display] a certificate of approval, [rejection sticker or waiver certificate] if issued, upon the windshield , or [other location on the vehicle as may be prescribed by the director;]who fraudulently obtains a certificate of approval, or

    [(3) Fails or] who refuses to place the motor vehicle in proper condition after having had the same examined[;], or

    [(4) In] who, in any manner, fails to conform to the provisions of this chapter [or the regulations adopted by the director pursuant thereto,]shall be guilty of violating the provisions of this chapter, and shall be, for a first offense, subject to a fine of not [less] more than $100 [or] , and , for a second offense, to a fine of not more than $200 or to imprisonment for not [more] less than 30 days, or to both such fine and imprisonment.

    [c. A person who fraudulently obtains a certificate of approval, rejection sticker or waiver certificate, or displays or has in his possession a fictitious, altered, or stolen certificate of approval, rejection sticker or waiver certificate shall be subject to a fine of $500 for each such certificate or sticker.

    d.] The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter:

    (1) The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in "the penalty enforcement law";

    (2) The complaint in any such proceeding may be made on information and belief by the director, or any police or peace officer of any municipality, any county or the State;

    (3) A warrant may issue in lieu of summons;

    (4) Any police or peace officer shall be empowered to serve and execute process in any such proceeding;

    (5) The hearing in any such proceeding shall be without a jury;

    (6) Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey;

    (7) Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him to the State Treasurer, who shall deposit one-half of such sums in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2, and who shall pay the remaining one-half of such sums to the county or municipality initiating the complaint or summons or, if initiated by State law enforcement personnel, to the State Treasury;

    (8) The director or judge before whom any hearing under this chapter is had may revoke the registration certificate of any motor vehicle owned [or leased] by any person, when such person shall have been found to be in] guilty of such willful violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation.

    [e. The director may order the suspension of the registration or reciprocity privilege of any motor vehicle found to be in violation of any of the provisions of this chapter. If the owner or lessee fails to surrender the license plates for that vehicle to the division within 45 days of the mailing of an order requiring their surrender, the director may order the confiscation of the license plates of the vehicle that is in violation. An order of license plate confiscation issued by the director shall include an order imposing a civil penalty of $200 on the owner or lessee of the vehicle. This civil penalty shall be paid to the State Treasurer, who shall deposit one-half of the amount in the "Motor Vehicle Inspection Fund" established pursuant to subsection j. of R.S.39:8-2 and pay the remaining one-half to any municipality or county whose law enforcement, police or peace officers confiscated the plates in accordance with the order of the director, or if the plates were confiscated by State law enforcement personnel, to the State Treasury. A civil penalty imposed pursuant to this subsection shall be in addition to any other penalty provided by this chapter.]

(cf: P.L.1995, c.112, s.25)

 

 

    12. R.S.39:8-10 is amended to read as follows:

    39:8-10. The director shall have authority to make rules and regulations necessary for the administration and enforcement of this chapter. The director may employ, subject to existing laws, such persons as the director requires for the administration and enforcement of this chapter and [the director may] fix their compensation.

(cf: P.L.1995, c.112, s.26)

 

    13. R.S.39:3-4 is amended to read as follows:

    39:3-4. Except as hereinafter provided, every resident of this State and every nonresident whose automobile or motorcycle shall be driven in this State shall, before using such vehicle on the public highways, register the same, and no automobile or motorcycle shall be driven unless so registered.

    Such registration shall be made in the following manner: An application in writing, signed by the applicant or by an agent or officer, in case the applicant is a corporation, shall be made to the director or the director's agent, on forms prepared and supplied by the director, containing the name, street address of the residence or the business of the owner, mailing address, if different from the street address of the owner's residence or business, and age of the owner, together with a description of the character of the automobile or motorcycle, including the name of the maker and the [vehicle identification number, or the manufacturer's number or the number assigned by the director if the vehicle does not have a vehicle identification number,]manufacturer's number or the motor number, or both, and any other statement that may be required by the director. A post office box shall appear on the application only as part of a mailing address that is submitted by the owner, agent or officer, as the case may be, in addition to the street address of the applicant's residence or business. An owner whose last address appears on the records of the division as a post office box shall change his address on his application for renewal to the street address of his residence or business and, if different from his street address, his mailing address. [The] If the vehicle is insured by motor vehicle liability insurance, as required by law, the application shall contain the name of the insurer of the vehicle and the policy number. If the vehicle is a leased motor vehicle, the application shall make note of that fact and shall include along with the name and street address of the lessor the name, street address and driver license number of the lessee. A lessor of a leased motor vehicle shall notify the director in writing, on such form as the director may prescribe, of the termination of a lease or of a change of the lessee within seven days after the termination or change.

    Thereupon the director shall have the power to grant a registration certificate to the owner of any motor vehicle, if over 17 years of age, application for the registration having been properly made and the fee therefor paid, and the vehicle being of a type that complies with the requirements of this title. The form and contents of the registration certificate to be issued shall be determined by the director.

    If the vehicle is a leased motor vehicle, the registration certificate shall, in addition to containing the name and street address of the lessor, identify the vehicle as a leased motor vehicle.

    The director shall maintain a record of all registration certificates issued, and of the contents thereof.

    Every registration shall expire and the [registration] certificate thereof become void on the last day of the twelfth calendar month following the calendar month in which the certificate was issued; provided, however, that the director may, at his discretion and for good cause shown, require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by him, which date shall not be sooner than three months nor later than [26] 16 months after the date of issuance of such certificates, and the fees for such registrations, [including any other fees or charges collected in connection with the registration fee,]shall be fixed by the director in amounts proportionately less or greater than the fees established [by law. The director may fix the expiration date for registration certificates at a date other than 12 months if the director determines that the change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause] in this title.

    All motorcycles for which registrations have been issued prior to the effective date of P.L.1989, c.167 and which are scheduled to expire between November 1 and March 31 shall, upon renewal, be issued registrations by the director which shall expire on a date fixed by him, but in no case shall that expiration date be earlier than April 30 nor later than October 31. The fees for the renewal of the motorcycle registrations authorized under this paragraph shall be fixed by the director in an amount proportionately less or greater than the fee established by R.S.39:3-21.

    The director shall issue registration certificates for the following registration period on and after the first day of the first calendar month immediately preceeding the commencement of such registration period, such registration certificates to be effective immediately.

    Application forms for all renewals of registrations for passenger automobiles shall be [sent] mailed by the director from the central office of the division to the last addresses of owners of motor vehicles and motorcycles, as they appear on the records of the division.

    No person owning or having control over any unregistered vehicle shall permit the same to be parked or to stand on a public highway.

    Any police officer is authorized to remove any unregistered vehicle from the public highway to a storage space or garage, and the expense involved in such removal and storing of the vehicle shall be borne by the owner of the vehicle, [except that the expense shall be borne by the lessee of a leased vehicle].

    Any person violating the provisions of this section shall be subject to a fine not exceeding $100, except that for the misstatement of any fact in the application required to be made to the director, the person making such statement or omitting the statement that the motor vehicle is to be used as a leased motor vehicle when that is the case shall be subject to the penalties provided in R.S.39:3-37.

    [The director may extend the expiration date of a registration certificate without payment of a proportionate fee when the director determines that such extension is necessary, appropriate or convenient to the implementation of vehicle inspection requirements. If any registration certificate is so extended, the owner shall pay upon renewal the full registration fee for the period fixed by the director as if no extension had been granted.]

    Nothing in this section shall be construed to alter or extend the expiration date of any registration certificate issued prior to March 1, 1956.

    The Division of Motor Vehicles shall make a reasonable effort to notify any lessor whose name and address is on file with the division, or any other lessor the division may determine it is necessary to notify, of the requirements of this amendatory act.

(cf: P.L.1995, c.112, s.27)

 

    14. R.S.39:3-5 is amended to read as follows:

    39:3-5. The director may refuse registration in the case of any automobile, commercial motor vehicle, trailer, semitrailer, tractor or omnibus that shall not comply with the requirements of this title or that shall seem to him unsuitable for use on the roads and highways of this [state. The director shall deny registration to any motor vehicle that has failed to comply with applicable inspection requirements of chapter 8 of Title 39, or of any rules and regulations adopted pursuant thereto, within the time limits established by the director and to any vehicle subject to the inspection jurisdiction of the Department of Transportation that has failed to comply with the applicable inspection requirements of Titles 27 and 48 of the Revised Statutes or of any rules and regulations adopted pursuant thereto. The director may suspend or revoke the registration reciprocity privilege of any motor vehicle that has failed to undergo inspection in accordance with chapter 8 of Title 39 or that is subject to the inspection jurisdiction of the Department of Transportation and has failed to undergo inspection in accordance with the requirements of Titles 27 and 48 of the Revised Statutes or of any rules and regulations adopted pursuant thereto.]State.

(cf: P.L.1995, c.112, s.28)

 

    15. R.S.39:3-20 is amended to read as follows:

    39:3-20. For the purpose of this section, gross weight means the weight of the vehicle or combination of vehicles, including load or contents.

    a. The director is authorized to issue registrations for commercial motor vehicles other than omnibuses or motor-drawn vehicles upon application therefor and payment of a fee based on the gross weight of the vehicle, including the gross weight of all vehicles in any combination of vehicles of which the commercial motor vehicle is the drawing vehicle. The gross weight of a disabled commercial vehicle or combination of disabled commercial vehicles being removed from a highway shall not be included in the calculation of the registration fee for the drawing vehicle.

    Except as otherwise provided in this subsection, every registration for a commercial motor vehicle other than an omnibus or motor-drawn vehicle shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued[; provided, however, that the director may require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by the director, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the director in amounts proportionately less or greater than the fees established by law. The director may fix the expiration date for registration certificates at a date other than 11 months if the director determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause]. The minimum registration fee shall be as follows:

    For vehicles not in excess of 5,000 pounds, $53.50.

    For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus [$11.50] $8.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus [$12.50] $9.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    For vehicles in excess of 50,000 pounds, $53.50 plus[$13.50] $10.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    Commercial motor vehicles other than omnibuses or motor-drawn vehicles for which commercial motor vehicle registrations had been issued prior to the effective date of this act and which expire March 31, 1982 shall be issued commercial registrations, which, in the director's discretion, shall expire on a date to be fixed by him, which date shall not be sooner than four months nor later than 16 months following the date of issuance of the registration. The fees for such registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this subsection.

    b. The director is also authorized to issue registrations for commercial motor vehicles having three or more axles and a gross weight over 40,000 pounds but not exceeding 70,000 pounds, upon application therefor and proof to the satisfaction of the director that the applicant is actually engaged in construction work or in the business of supplying material, transporting material, or using such registered vehicle for construction work.

    Except as otherwise provided in this subsection, every registration for these commercial motor vehicles shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued[; provided, however, that the director may require registrations which shall expire, and issue certificates thereof which shall become void on a date fixed by the director, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the director in amounts proportionately less or greater than the fees established by law. The director may fix the expiration date for registration certificates at a date other than 11 months if the director determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause].

    The registration fee for registrations issued after July 1, 1984 shall be[$22.50] $19.50 for each 1,000 pounds or portion thereof.

    For purposes of calculating this fee, weight means the gross weight, including the gross weight of all vehicles in any combination of which such commercial motor vehicle is the drawing vehicle. "Constructor" registrations issued prior to the effective date of this act, which expire June 30, 1982, shall be issued contractor vehicle registrations, which in the director's discretion, shall expire on a date to be fixed by the director which date shall not be sooner than four months nor later than 16 months following the date of issuance of the registration. The fees for the registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this subsection.

    Such commercial motor vehicle shall be operated in compliance with the speed limitations of Title 39 of the Revised Statutes and shall not be operated at a speed greater than 30 miles per hour when one or more of its axles has a load which exceeds the limitations prescribed in R.S.39:3-84.

    c. The director is also authorized to issue registrations for each of the following solid waste vehicles: two-axle vehicles having a gross weight not exceeding 42,000 pounds; tandem three-axle and four-axle vehicles having a gross weight not exceeding 60,000 pounds; four-axle tractor-trailer combination vehicles having a gross weight not exceeding 60,000 pounds. Registration is based upon application to the director and proof to his satisfaction that the applicant is actually engaged in the performance of solid waste disposal or collection functions and holds a certificate of convenience and necessity therefor issued by the Department of Environmental Protection.

    Except as otherwise provided in this subsection, every registration for a solid waste vehicle shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued.

    The registration fee shall be $50 plus[$11.50] $8.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

    Solid waste vehicles for which commercial motor vehicle registrations had been issued prior to the effective date of this act and which shall expire June 30, 1982 shall be issued solid waste registrations, which, in the director's discretion, shall expire on a date to be fixed by the director, which date shall not be sooner than four months or later than 16 months following the date of issuance of the registration. The fees for the registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this subsection.

    d. The director is also authorized to issue registrations for commercial motor-drawn vehicles upon application therefor. The registration year for commercial motor-drawn vehicles shall be April 1 to the following March 31 and the fee therefor shall be $18 for each such vehicle.

    At the discretion of the director, an applicant for registration for a commercial motor-drawn vehicle may be provided the option of registering such vehicle for a period of four years. In the event that the applicant for registration exercises the four-year option, a fee of $64 for each such vehicle shall be paid to the director in advance.

    If any commercial motor-drawn vehicle registered for a four-year period is sold or withdrawn from use on the highways, the director may, upon surrender of the vehicle registration and plate, refund $16 for each full year of unused prepaid registration.

    e. It shall be unlawful for any vehicle or combination of vehicles registered under this act, having a gross weight, including load or contents, in excess of the gross weight provided on the registration certificate to be operated on the highways of this State.

    The owner, lessee, bailee or any one of the aforesaid of a vehicle or combination of vehicles, including load or contents, found or operated on any public road, street or highway or on any public or quasi-public property in this State with a gross weight of that vehicle or combination of vehicles, including load or contents, in excess of the weight limitation permitted by the certificate of registration for the vehicle or combination of vehicles, pursuant to the provisions of this section, shall be assessed a penalty of $500 plus an amount equal to $100 for each 1,000 pounds or fractional portion of 1,000 pounds of weight in excess of the weight limitation permitted by the certificate of registration for that vehicle or combination of vehicles. A vehicle or combination of vehicles for which there is no valid certificate of registration is deemed to have been registered for zero pounds for the purposes of the enforcement of this act, in addition to any other violation of this Title, but is not deemed to be lawfully or validly registered pursuant to the provisions of this Title.

    This section shall not be construed to supersede or repeal the provisions of section 39:3-84, 39:4-75, or 39:4-76 of this Title.

    f. Of the registration fees collected by the director pursuant to this section for vehicles with gross vehicle weights in excess of 5,000 pounds, an amount equal to $3 per 1,000 pounds or portion thereof in excess of 5,000 pounds for each registration shall be forwarded to the State Treasurer for deposit in the Commercial Vehicle Enforcement Fund established pursuant to section 17 of this act (C.39:8-75). Moneys in the fund shall be used by the Department of Law and Public Safety and the Department of Transportation for enforcement of laws and regulations governing commercial motor vehicles, except that the fees collected shall be allocated first to the division to defray the costs necessary to implement the provisions of this subsection.

(cf: P.L.1995, c.157, s.34)

 

    16. Section 1 of P.L.1994,c.228 (C.39:3-22.1) is amended to read as follows:

    1. Any person, who has entered or shall enter into active service in any branch of the naval or military forces of the United States and who has or shall have registered his motor vehicle in this State for any registration [period] year, shall be entitled to a refund on the registration fee paid for such vehicle for the number of full months remaining of the registration [period] year for which the vehicle will not be operated on the public highways of this or any other State; provided, that such person makes written application to the director for such refund, under oath, in such form as the director shall require and surrenders the certificate of registration and license plates of such motor vehicle.

(cf: P.L.1995, c.112, s.30)

 

    17. R.S.39:3-25. is amended to read as follows:

    39:3-25. In addition to the motor vehicle licenses authorized to be issued pursuant to the provisions of this chapter, the director shall issue, upon application therefor, a license plate for trucks marked "farmer," which shall be issued upon evidence satisfactory to the director that the applicant is a farmer and is actually engaged in the growing, raising and producing of farm products as an occupation. License plates issued under authority of this section shall be placed upon motor trucks engaged exclusively in the carrying or transportation of applicant's farm products, raised or produced on his farm, and farm supplies, and not engaged in hauling for hire.

    Applicants for license plates herein authorized shall pay a registration fee of $25 plus $4.25 for each 1,000 pounds or portion thereof in excess of 5,000 pounds. [If the registration cycle established by the director is for more or less than 11 months, applicants shall pay amounts proportionately less or greater than the fees established by law.]

    Except as otherwise provided in this section, every registration for a farm truck shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued[; except that the director may require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by the director, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations, including any other fees or charges collected in connection with the registration fee, shall be fixed by the director in amounts proportionately less or greater than the fees established by law. The director may fix the expiration date for registration certificates at a date other than 11 months if the director determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause].

    Farm trucks for which farm truck registrations had been issued prior to the effective date of this act and which expire June 30, 1982 shall be issued registrations, which, in the director's discretion, shall expire on a date to be fixed by the director, which date shall not be sooner than four months not later than 16 months following the date of issuance of the registration. The fees for such registrations shall be fixed by the director in amounts proportionately less or greater than the fees established by this section.

    The term "farmer" as used in this section means any person engaged in the commercial raising, growing and producing of farm products on a farm not less than five acres in area, and who does not engage in the business of buying farm products for resale; and the term "farm products" means any crop, livestock or fur products.

(cf: P.L.1995, c.112, s.31)

 

    18. R.S.39:3-27 is amended to read as follows:

    39:3-27. No fee shall be charged for the registration of motor vehicles not used for pleasure or hire, owned by the United States, the State of New Jersey, a municipality, county, Regional Air Pollution Control Agency, Passaic Valley Sewerage Commissioners, North Jersey District Water Supply Commission, a county improvement authority created under the "county improvement authorities law" (P.L.1960, c.183), a local school district, a regional school district, a county vocational or technical school, a duly authorized volunteer fire department, a duly authorized volunteer first aid, rescue or emergency squad, any duly recognized auxiliary or reserve police organization of any municipality, hospital, humane society, and anticruelty society in this State, New Jersey wing of the Civil Air Patrol incorporated by the Act of July 1946 (Public Law 476-79th Congress), the American Red Cross, chartered local councils in New Jersey of the Boy Scouts of America or the Girl Scouts of the United States of America, chartered local councils in New Jersey of the Boys' Clubs of America or the Girls' Clubs of America, or chartered local organizations of the Police Athletic League or [for the registration of] ambulances owned by any nonprofit organization. These vehicles shall be registered and display number plates as provided in this title or the director may, in his discretion, issue special registration certificates and special number plates for any of these motor vehicles which shall be valid for such motor vehicle [for a period fixed by the director which may correspond with the inspection expiration date applicable to such vehicles, which date shall not be later than 26 months after the date of issuance of such certificates.] Upon the expiration [or nonrenewal] of any special registration the registration certificate and special number marker shall be returned to the director; provided, however, upon proper application to the director the special registration and special number marker may be transferred to another motor vehicle acquired by the owner to whom the special registration and marker were issued.

(cf: P.L.1995, c.112, s.32)

 

     19. Section 2 of P.L.1981, c.139 (C.39:3-27.19) is amended to read as follows:

    2. The Director of the Division of Motor Vehicles may issue, upon application on a form [prepared] to be determined by [him] the director, a registration certificate and registration plates for commuter vans as the application may indicate is warranted in accordance with the definition of these vehicles contained in R.S.39:1-1 for the annual registration period [as fixed by the director].

    For each vehicle used as a commuter van the applicant for the registration thereof shall pay an annual fee of $50 [or, if the registration is not annual, the fee shall be fixed by the director in an amount proportionately less or greater than $50 and proportionately less or greater than any other fees or charges imposed by law and collected in connection with the registration fee]. Any such applicant shall receive a credit for the unexpired portion of the registration for any vehicle covered under this act which has been issued prior to the effective date of this act on the basis of one-twelfth of the registration fee the applicant has paid for each month remaining in such registration year.

    The director shall design a plate to identify a vehicle as a commuter van.

(cf: P.L.1995, c.112, s.33)

 

    20. R.S.39:3-30 is amended to read as follows:

    39:3-30. Upon the transfer of ownership or the destruction of any motor vehicle [or vehicle] its registration shall become void. If the motor vehicle [or vehicle] is sold the original owner shall remove the license plates therefrom, and [surrender them to the division in a manner specified by the director if such plates are not transferred to another vehicle pursuant to this section] , within 48 hours, notify the director of the name and address of the purchaser.

    The original owner may, by proper sworn application on a form to be furnished by the division, register another motor vehicle for the unexpired portion of the registration period of the original vehicle. [A person applying to use the unexpired portion of a registration under this section shall pay] , upon payment of a fee of $4.50 if the vehicle is of a weight or other classification equal with or less than the one originally registered, and shall pay a fee of $4.50 and the difference between the fee originally paid and that due if the new motor vehicle is properly registerable in a higher class. Unless the original license plates have been destroyed, the owner shall be assigned the license number previously issued to him and shall receive a new registration certificate. If the original license plates have been destroyed, replacement of the plates will be made under the provisions of R.S.39:3-32.

    The surviving husband, wife, child or children of a deceased registered owner of any motor vehicle in whom title thereto shall vest by virtue of the terms of the will of such deceased owner, or otherwise, shall, upon application to the director, and upon the payment of a fee of $4.50, be entitled to have the registration of such vehicle transferred to his or her name.

    The registered owner of any motor vehicle shall, upon application to the director, and payment of a fee of $4.50, be entitled to have the vehicle registered jointly in the name of the registered owner and the spouse of said owner. The registration certificate and certificate of ownership shall be amended accordingly without the payment of any additional fee.

(cf: P.L.1995, c.112, s.34)

 

    21. R.S.39:3-37 is amended to read as follows:

    39:3-37. A person who gives a fictitious name or address or makes any other intentional misstatement of a material fact in an application for registration of a motor vehicle[, an application for a waiver pursuant to section 15 of P.L.1995, c.112 (C.39:8-55) of the emission standards requirement,]or [an application for a] driver's license or in a preliminary application, examination or proceeding, or a person who knowingly sells, loans or gives an identification document to another person for the purpose of aiding that person to obtain a driver's license[,]or registration certificate [or waiver certificate] for which that person is not qualified, shall be subject to a fine of not less than $200 or more than $500, or imprisonment for not more than six months or both, at the discretion of the court. The director shall, upon proper evidence not limited to a conviction, revoke the registration of the motor vehicle or driver's license of a person who violates this


section for a period of not less than six months or more than two years.

(cf: P.L.1995, c.112, s.35)

 

    22. Section 11 of P.L.1968, c.410 (C.52:14B-11) is amended to read as follows:

    11. No agency shall revoke or refuse to renew any license unless it has first afforded the licensee an opportunity for hearing in conformity with the provisions of this act applicable to contested cases. If a licensee has, in accordance with law and agency rules, made timely and sufficient application for a renewal, his license shall not expire until his application has been finally determined by the agency. Any agency that has authority to suspend a license without first holding a hearing shall promptly upon exercising such authority afford the licensee an opportunity for hearing in conformity with the provisions of this act.

    This section shall not apply (1) where a statute provides that an agency is not required to grant a hearing in regard to revocation, suspension or refusal to renew a license, as the case may be; or (2) where the agency is required by any law to revoke, suspend or refuse to renew a license, as the case may be, without exercising any discretion in the matter, on the basis of a judgment of a court of competent jurisdiction; or (3) where the suspension or refusal to renew is based solely upon failure of the licensee to maintain insurance coverage as required by any law or regulation[; or (4) where the suspension or refusal to renew a motor vehicle registration is based upon the failure of the vehicle to be presented for inspection or to satisfy the inspection requirements of chapter 8 of Title 39 of the Revised Statutes].

(cf: P.L. 1995, c.112, s.36)

 

    23. Sections 1 through 18, inclusive, of P.L.1995, c.112 (C.39:8-41 et seq.) are repealed.

 

    24. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill prohibits the development, implementation and enforcement of any aspect of an inspection or registration program for motor vehicles other than the inspection and registration program for motor vehicles in effect and operation on June 1, 1995, and repeals the "Federal Clean Air Mandate Compliance Act," P.L.1995, c.112 (C.39:8-41 et seq.).

    The bill does not repeal section 40 of P.L.1995, c.112. This section, which was not allocated as part of the "Federal Clean Air Mandate Compliance Act," added language to the Fiscal Year 1996 appropriations act that appropriated $100,000 to the Department of Transportation to study the use of drones to monitor air quality and $100,000 to Rutgers University to study the health effects of reformulated gasoline. This bill makes no changes to the funding of those studies.

    The "Federal Clean Air Mandate Compliance Act" was enacted in 1995 to meet the federal requirements of the Clean Air Act Amendments of 1990 by establishing an enhanced inspection and maintenance program required by the federal law. The purpose of the program is to significantly improve the air quality of the State. However, to date, the implementation of the program promises to cost the State billions of dollars and greatly inconvenience motorists, while there has been no evidence, scientific or otherwise, that indicates that the program will have any effect on air quality or justify this great expense.

 

 

 

Prohibits the development, enforcement and implementation of an enhanced inspection and maintenance program for motor vehicles; repeals the "Federal Clean Air Mandate Compliance Act."